New Jersey is one of the few jurisdictions that allows a criminal defendant to expunge their record. What follows are a few basic points about expungements that a potential applicant must be aware of.
First, an expungement is a sometimes thought of as a “sealing” of a record. This is not technically correct. Assuming an expungement application is granted, the clerk of the court will remove the records from the court file and archive them in a different location. The records still exist, but are no longer located at the court. Thus, if a private employer calls to do a background check, they will be told that the court has no record of criminal activity for that person – the court has no record because the record is no longer onsite. The record has, however, not been destroyed and can still come to light in certain situations other than those involving private employers. One of the most common is in an application for a gun permit. Expunging a criminal record may increase the likelihood that it will not impede the issuance of a gun permit; however, the local police department will still learn of the expunged record when it reviews the application. (While it is true that the current form of gun permit application asks an applicant to disclose prior cases that have not been expunged, the police will still learn of the expunged case during the review process.) The same will probably be true of most State-issued licenses. Accordingly, the best course of action for someone applying for a State-issued license may be to disclose the prior record if specifically asked about it, regardless of the fact that the order granting the expungement allows the applicant to say they have no criminal record. Questions concerning specific licenses should be directed to a knowledgeable attorney.
The key to the expungement process is notice. After the application is filed with the court, the court will issue an order setting a hearing date. Prior to that date, the application must be sent by certified mail to various law enforcement agencies, who then have the opportunity to object to the expungement. The court will hold a hearing on the hearing date if an objection is filed. Barring any objection, the expungement should be granted. Once granted, the order, as entered by the court, is then sent by certified mail to the same law enforcement agencies which will, in turn, update their records concerning the expunged matter.
Generally speaking, an applicant must wait five years to expunge a criminal record. This time period starts to run from the date of the conviction (sentencing date); the date when all fines were paid; the date when probation was completed; or the date of release from incarceration, whichever is later. However, it may be possible to seek an expungement for an indictable offense after at least four but less than five years, or a non-indictable offense after at least three but less than five years, if the applicant has no new convictions, all fines have been paid, and the court finds in its discretion that compelling circumstances exist to grant an early expungement. Other situations in which an early expungement may be sought are arrests not resulting in conviction, or a dismissal of the case after successful completion of the Pre-Trial Intervention program.
Special rules apply to applications that seek to expunge more than one offense record. These rules can be complicated, and are beyond the scope of this article. Also, not every offense can be expunged. There is a list of offenses in the expungement statute that are not subject to expungement. A New Jersey expungement attorney should be consulted about specific situations involving multiple offenses or offenses that may not be subject to expungement.
Having a criminal record is never helpful, regardless of the underlying offense, the circumstances that gave rise to the case, or the age of the conviction. Anyone with a criminal record who can expunge it should do so. Some jurisdictions will issue certificates of good conduct or certificates of relief from disability (the latter restores certain political and civil rights that are lost upon being convicted of a felony). These are not, and should not be confused with, expungements. If you have a New Jersey criminal record and are otherwise eligible, take advantage of this procedure. You’ll be glad you did.
James S. Friedman, Esq., is a criminal defense attorney based in New Brunswick, New Jersey. Mr. Friedman represents criminal defendants in the New Jersey Superior Court in all counties, the United States District Court in Newark, Trenton and Camden, and all New Jersey municipal courts. If you are charged with an offense in any of these courts, call Mr. Friedman to learn about your options and plan your defense.